NANDINI SENGUPTA Vs. STATE

JUDGEMENT

(1.) This writ application is filed by the petitioner assailing an order of transfer dated August 7, 2012 passed by the respondent No. 5. By virtue of the order of transfer, the petitioner was transferred from Uttarpara Girls High School (Primary Section) District Hooghly to Monilal Primary School. District Hooghly. The petitioner was a primary school teacher of Uttarpara Girls High School (Primary Section), District Hooghly. By a notice dated February 13, 2012 issued by the respondent No. 4. the petitioner was asked to appear before him in connection with the petition of the Chairman, Village Education Committee and others. On February 16, 2012, the petitioner attended the above meeting. On February 17, 2012 the petitioner submitted a letter of complaint before the Officer-in-Charge, Chinsurah Police Station, District Hooghly alleging pre-planned mental harassment of the petitioner in presence of the respondent No. 4 in the aforesaid meeting. By a communication dated August 14, 2012 the petitioner prayed for supply a copy of the Minutes of meeting under reference to the respondent No. 4. Thereafter, the impugned order was passed. By a communication dated August 21, 2012 issued by the respondent No. 6, the petitioner was released from the services of Uttarpara Girls High School (Primary Section), Hooghly.

(2.) It is submitted by Mr. Tapabrata Chakraborty, learned Advocate appearing on behalf of the petitioner that the above order of transfer was passed in violation of Rule 4 of the West Bengal Primary Education (Transfer of teacher including head teacher) Rules, 2002 (hereinafter referred to as the said rules). It is also the case of Mr. Chakraborty that the order of transfer was an outcome of livelihood of bias. According to Mr. Chakraborty, the above order of transfer was passed on the basis of a complaint lodged by Village Education Committee. It is also the case of the petitioner that the above complaint was baseless.

(3.) Drawing the attention of this Court towards the submissions made in paragraphs 8 and 9 of the affidavit in opposition affirmed by the respondent No. 4, it is submitted by Mr. Chakraborty that it is a desperate attempt to improve the case of the respondent authority by way of filing an affidavit in connection with this proceeding.